Miller Sues in State Court Over Write-In Ballots

Republican Senate candidate Joe Miller sued the state of Alaska on Monday over the way its Division of Elections counted write-in ballots in his race against Sen. Lisa Murkowski (R), the Associated Press reported.

The lawsuit was filed in federal court, but U.S. District Judge Ralph Beistline ruled Friday that a state court must decide the matter. Beistline granted a temporary injunction that halted certification of the election and required Miller to file suit in state court by Monday.

The target date for certifying the election is Nov. 29, and a recount can then be requested by Dec. 4, the AP reported. The Miller campaign has said he wants a hand count after a court sets the standard for judging write-in ballots.

Murkowski launched a write-in bid after she lost the GOP primary to Miller. The AP called the race for her last week, after she amassed a 10,328-vote lead, including 8,159 ballots contested by Miller&rsquo;s campaign.&nbsp;Miller&rsquo;s campaign alleges that the Division of Elections violated state law in its use of discretion in determining voter intent on write-in ballots. Miller argues that ballots need to spell &ldquo;Lisa Murkowski&rdquo; exactly as it appeared on her declaration of candidacy in order to qualify.